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§ 522(g)(1)

De Jesus Gomez, In re--Aldana v. Stadtmueller

Ruling
Debtor could not claim an exemption in the vehicle under § 522(g)(1)(A) as the trustee avoidedthe voluntary transfer. (B.A.P. 9th Cir.)
Issue(s)
Exemptions; Exemption of Property Recovered by Trustee; Circumstances of Transfer.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 25, 2018 , LexisNexis #0119-009

Wharton, In re--Wharton v. Schwartzer

Ruling
Bankruptcy court did not err in granting trustee's turnover of debtor's vehicle as debtor'spossession and sole ownership made it a property of the estate regardless if it was exempt ornot. (B.A.P. 9th Cir.)
Issue(s)
Exemptions; Exemption of Property Recovered by Trustee; Circumstances of Transfer; Involuntary Transfer.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 13, 2017 , LexisNexis #0317-070

Elliott v. Weil (In re Elliott)

Ruling
Bankruptcy court did not err in sustaining trustee's objection to homestead objection claimed by debtor in recovered property debtor had not included in schedules.
Issue(s)
Did the bankruptcy court err in denying a homestead exemption in property recovered by the trustee but not included in debtor's schedules?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 28, 2016 , LexisNexis #0216-117

Elliott v. Weil (In re Elliott)

Ruling
Bankruptcy court's order sustaining trustee's objection to debtor's claimed homestead exemption reversed due to failure to make relevant factual findings.
Issue(s)
Should bankruptcy court order sustaining trustee's objection to debtor's homestead exemption be reversed?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 10, 2014 , LexisNexis #0115-009

In re Diamantis

Ruling
Debtor could not claim exemption in voluntary repayment of disability payments to employer.
Issue(s)
Could debtor claim an exemption in funds transferred to employer within preference period to repay disability benefits?

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Consumer opinion summary, case decided on March 24, 2014 , LexisNexis #0414-045

In re Hendricks

Ruling
Statutory lien created upon debtor's application for medical financial assistance could not be avoided.
Procedural posture

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer her bankruptcy estate. The debtor filed a motion for an order avoiding a lien which Bingham County, Idaho, placed on real property she owned, pursuant to Idaho Code Ann. § 31-3504, after she asked the County to pay the cost of medical treatment she received. The County opposed the motion.

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Consumer opinion summary, case decided on March 01, 2010 , LexisNexis #0510-119

In re Carter

Ruling
Trustee's objection to debtors'claimed exemption in vehicle and request for turnover were granted since debtor had granted bank lien and trustee had avoided that lien.
Procedural posture

A bankruptcy trustee avoided a bank's lien against bankruptcy debtors'vehicle as a preferential transfer since the bank failed to perfect the lien timely. The trustee objected to the debtors'claimed exemption in the vehicle pursuant to 11 U.S.C. § 522(g)(1), requested turnover of the vehicle.

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opinion summary, case decided on June 09, 2006 , LexisNexis #0706-017